The National Crime Agency Barred List and National Crime Agency Advisory List Regulations 2026
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Change 1
6 Removal on application of barred person
(1) Paragraph (2) applies where a person (“P”) has been included in the barred list for five years or longer beginning on the day on which P was included in the list. (2) P may apply to the Director General of the NCA to be removed from the list where— (a) the application is P’s first application under this regulation; or (b) in any other case, the condition set out in paragraph (3) is met. (3) The condition in this paragraph is met if P makes the application— (a) on or after the date specified by the Director General of the NCA under paragraph (7) when dismissing P’s most recent application; or (b) where no date was specified under paragraph (7), after the expiry of the five year period beginning with the date on which the Director General of the NCA dismissed P’s most recent application. (4) An application under paragraph (2)— (a) must be made in the form and manner determined by the Director General of the NCA; (b) may contain any information or be accompanied by any other documents that P considers relevant to the application. (5) On considering P’s application, where the Director General of the NCA is satisfied that it is appropriate for P to be removed from the list, they must remove P as soon as reasonably practicable, otherwise they must dismiss the application. (6) In determining whether it is appropriate for P to be removed from the list the Director General of the NCA must have regard to— (a) the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer; (b) the circumstances of the dismissal, or which led to the finding, by virtue of which P was included in the list; (c) the impact on public confidence in the NCA of removing P from the list. (7) Where the Director General of the NCA dismisses P’s application, they may specify a date (being no later than the last day of the period of five years beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation. (8) Before making a decision under paragraph (5) or (7), the Director General of the NCA may request further representations, information or documents from P. (9) The Director General of the NCA must give P notice of their decision on P’s application before the end of the period of five working days beginning with the day on which the decision is made. (10) In this regulation— “law enforcement employer” has the meaning given in section 206 of the 2026 Act.
6 Removal on application of barred person
(1) Paragraph (2) applies where a person (“P”) has been included in the barred list for five years or longer beginning on the day on which P was included in the list. (2) P may apply to the Director General of the NCA to be removed from the list where— (a) the application is P’s first application under this regulation; or (b) in any other case, the condition set out in paragraph (3) is met. (3) The condition in this paragraph is met if P makes the application— (a) on or after the date specified by the Director General of the NCA under paragraph (7) when dismissing P’s most recent application; or (b) where no date was specified under paragraph (7), after the expiry of the five year period beginning with the date on which the Director General of the NCA dismissed P’s most recent application. (4) An application under paragraph (2)— (a) must be made in the form and manner determined by the Director General of the NCA; (b) may contain any information or be accompanied by any other documents that P considers relevant to the application. (5) On considering P’s application, where the Director General of the NCA is satisfied that it is appropriate for P to be removed from the list, they must remove P as soon as reasonably practicable, otherwise they must dismiss the application. (6) In determining whether it is appropriate for P to be removed from the list the Director General of the NCA must have regard to— (a) the extent to which P has shown that P is suitable to be employed or otherwise appointed by a law enforcement employer; (b) the circumstances of the dismissal, or which led to the finding, by virtue of which P was included in the list; (c) the impact on public confidence in the NCA of removing P from the list. (7) Where the Director General of the NCA dismisses P’s application, they may specify a date (being no later than the last day of the period of five years beginning with the day on which the application is dismissed) before which no further application may be made by P under this regulation. (8) Before making a decision under paragraph (5) or (7), the Director General of the NCA may request further representations, information or documents from P. (9) The Director General of the NCA must give P notice of their decision on P’s application before the end of the period of five working days beginning with the day on which the decision is made. (10) In this regulation— “law enforcement employer” has the meaning given in section 206 of the 2026 Act.
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